NEW YORK (Reuters) - At first blush the two leading U.S. stock exchanges won a sweeping victory this week in a long-running legal battle over market data - the stock quotes, share prices and other trading information that are highly prized in the electronic marketplace.

But a ruling by the U.S. Appeals Court for the District of Columbia Circuit may also have opened the door for the Internet companies, brokers and others in the case to achieve a decade-old goal of cutting the fees the exchanges charge for the data.

The court ruled in a decision earlier this week it had no jurisdiction over a case brought by the NetCoalition of some 20 Internet companies, including Google Inc and Yahoo Inc, and the Securities Industry and Finance Markets Association, a 600-member lobby for brokers, bankers and asset managers.

The decision appeared to slam the door on the petitioners and remove a potential obstacle to efforts by the New York Stock Exchange and the Nasdaq Stock Market to offset sharp drops in revenue from stock transactions by boosting market data sales.

But the court did offer a path for Sifma and the NetCoalition group to mount a new battle, several people close to the case said.

The court indicated the Securities Exchange Act, which governs exchanges and their responsibilities as self-regulatory organizations, requires that the exchanges provide for the "equitable allocation" of reasonable fees, among other dues and charges.

The petitioners have argued the exchanges are effectively monopolies and competition is not sufficient to restrain prices.

"I intend to submit a ... petition," said Roger Blanc, a lawyer with Willkie Farr who represented the NetCoalition, the name by which the case is also called. "As soon as we can put it together, we'll be back before the circuit court."

The case is notable because of the importance of market data in an electronic market that relies on "signal processing," the analysis of data by high-speed computers, to trade.

Sifma and the NetCoalition had sought judicial review of the proprietary data both NYSE and Nasdaq sell after the Securities and Exchange Commission let stand almost all their filings for new schedules and higher prices for market data in recent years.

The petitioners challenged the SEC over more than a dozen filings, saying the fees were exorbitant and regulators had abdicated their duties to ensure data fees were "fee and reasonable," a loosely defined standard the agency must uphold.

Four of the complaints were combined before the appeals court, which has oversight of the SEC, and the two exchanges with the regulators provided a joint opinion in the case.

Market data has been a thorn in the side of the SEC for years, with regulators unable to resolve the issue despite a series of high-profile hearings and studies from 1999 to 2005.

A former senior SEC official said market data is highly contentious with no easy answer.

Although the appeals court said the Dodd-Frank act stripped it of jurisdiction in the case, the court left intact its August 2010 ruling that there must be evidence that competition is constraining the fees the exchanges charge for the data.

The court also said the exchanges cannot enforce fee rules that are inconsistent with the exchange act, and said fees need to be tied to "some type of cost-based" standard to guard against excessive profits.

The latter point could be a boon for the petitioners' cause. They have long contended the cost of producing the data is negligible and the exchanges charge far in excess of its cost.

"We are pleased that the court has affirmed our ability to provide high-quality data at reasonable rates to vendors who profit from reselling the data to their customers," a spokesman for the Nasdaq said. The NYSE declined to comment.

The NYSE and Nasdaq presented academic studies to bolster their position that competition exists for market data, and they have strongly resisted any cost analysis of their data.

The Nasdaq's chief financial officer has been telling analysts that market data is an "extremely high-margin" business. Revenue from the U.S. sale of proprietary data at the Nasdaq has expanded at a compound annual growth rate of about 10.8 percent since 2007, a period in which data usage has exploded.

The emphasis on market data as a profit center is misplaced, according to former SEC Chairman Harvey Pitt. The exchanges are trying to staunch their hemorrhaging and charging for data is purely a short-term solution to a long-term problem, he said.

A good portion of market data is public and should not be proprietary as the exchanges see it, Pitt said in an interview before the court's ruling this week. Allowing data to be available only for those who can afford it will create hard-to-justify market dislocations, he warned.

"The question is when you've allowed people to treat market data as proprietary for so long, how do you justify making a shift and what accommodations do you make?" Pitt said.

The case is NetCoalition and Securities Industry and Financial Markets Association v Securities and Exchange Commission, U.S. Court of Appeals, District of Columbia Circuit; No. 10-1421.

(Reporting by Herbert Lash; Editing by Steve Orlofsky)

LOS ANGELES (TheWrap.com) - Sandra Bernhard will rule over an episode of Lifetime's "Drop Dead Diva."

The actress and comedian is guest starring as judge Ada Brown on an episode slated to air July 21.

"I have been a huge fan of Sandra Bernhard ever since I saw her play Nancy Bartlett in 'Roseanne' in the 1990s," show creator Josh Berman told TheWrap. "She's whip smart, super funny, and her sharp tongue makes for an awesome 'Drop Dead Diva' judge."

The character takes a no-nonsense approach to a ripped from the headlines case in which a sneaky husband wins a fortune while gambling. But instead of telling his wife, he asks for a quickie divorce and then hides his winnings from her.

Shooting next week on the show's Atlanta set, Bernhard will be the latest in a line of high profile judge castings on the dramedy, including Wendy Williams, Paula Abdul, Valerie Harper and Bruce Davidson.

Bernhard most recently guest starred on ABC's "The Neighbors," "GCB," and TVLand's "Hot In Cleveland" and held recurring roles on Showtime's "The L Word" and "Roseanne." She has appeared in several movies, including cult classic "The King of Comedy" and "Hudson Hawk."

"Drop Dead Diva" was canceled by Lifetime in January after four seasons. But, the network reversed its decision in May as a result of ongoing efforts by producers Sony Television and pressure from the show's fans.

The series about a petite model who dies, then returns in a curvaceous attorney's body stars Brooke Elliot, Margaret Cho, Jackson Hurst, Kate Levering, April Bowlby, Josh Stamberg and newcomer Justin Deeley. It returns Sunday, June 23 at 9/8c.

SAN FRANCISCO (Reuters) - The head of New Zealand's America's Cup team has sharply rejected the idea of major changes to the sailing competition's high-tech catamarans in the wake of an accident that killed a British sailor.

Grant Dalton, managing director of Emirates Team New Zealand, told Reuters on Thursday that he supported new safety rules put forward last week by event organizers. But he dismissed suggestions by some sailors, including members of the Artemis Racing team that suffered the accident, that big changes such as smaller sails or power-assisted on-board controls were necessary.

"That's not going to happen. That's a fundamental change to systems that if they couldn't get right in the first place, that's their problem," Dalton said before heading out for a practice session on San Francisco Bay.

Artemis' 72-foot (22-metre) catamaran capsized and broke apart on May 9 during a training session and killed British Olympian Andrew Simpson, who was trapped under the wreckage. The accident raised questions about the fundamental soundness of the huge, lightweight boats, which can reach speeds of close to 50 miles per hour (80 kmh).

Software mogul Larry Ellison won the cup in 2010, and the defending champion is entitled to choose the venue and set the rules for the next competition. Ellison and his sailing team hoped the big, fast boats, called AC72s, would boost interest in the event, but their cost and complexity kept some competitors away, and only four teams are competing for the trophy.

The competition is scheduled to kick off in July and culminate in a final match in September.

Dalton and his team, which arrived in San Francisco earlier in May, are prepping eagerly for the competition. Emirates Team New Zealand and Oracle Team USA were both blazing around San Francisco Bay in moderate winds on Thursday, practicing their turns, monitoring boat performance and spying on one another.

REGATTA IN FLUX

The new safety rules include lower wind limits for racing, improved personal safety gear for sailors and reducing the number of qualifying races to allow more time for boat maintenance.

Sweden's Artemis, which has a second boat that it has yet to sail in San Francisco Bay, has said it may not compete if its sailors feel the rule changes are insufficient. The fourth team in the competition, Italy's Luna Rossa, has also expressed serious concerns about safety and has declined to comment on whether it considers the new rules sufficient.

The New Zealand team designed and built its AC72 specifically to withstand the strong gusts and currents of San Francisco Bay, Dalton said. Making significant rule changes now that require altering the boats would be unfair, he said.

"Anything that increases the safety for the guys on board is a good thing. If it doesn't benefit one team over another then we're in favor of that," he said.

Still, he warned that the big catamarans, which use hard "wing" sails and are estimated to cost $8 million to build, are inherently difficult to make and sail.

"As Artemis has shown, if you get this engineered wrong - and it's not hard, we could have yet, we just haven't seen that boundary - they just disintegrate," he said.

Dalton said the carbon-fiber boats have shown themselves to be a poor choice for the cup races.

"Much of this is a folly. There's nothing more easily seen than that there are only three teams (challenging Oracle), now sort of two and a half teams," Dalton said.

(Editing by Jonathan Weber and Eric Walsh)

Oklahoma Gov. Mary Fallin announced at a news conference yesterday that rescue dogs had been deployed, thereported. These include a canine unit of about 12 dogs from Texas Task Force 1.

Search-and-rescue dogs are often used in the wake ofto locate missing people. The dogs can be trained to search for trapped survivors or dead bodies; the canine units sent to Oklahoma include dogs trained to perform each of those tasks. []

The human scent

To find people, the dogs rely on human scent. Scent molecules can be carried by skin cells known as skin rafts, which slough off at a rate of about 40,000 cells per minute; by human sweat; or by respiratory or decomposition gases.

The dogs deployed to sites of disasters like theare known as air-scenting dogs, because they survey scents carried through the air, as opposed to sniffing specific objects. The dogs are paired with handlers usually volunteers who train them.

The dogs are so valuable to rescue efforts because they can go into places people can't, said Dr. Deb Zoran, a veterinarian at Texas A&M University and the veterinary contact for Texas Task Force 1. The dogs wriggle into small spaces, explore unsafe buildings and climb through rubble. When they find something, they signal their handler with a bark, so the handler can alert a rescue crew.

Veterinarians like Zoran are on-site to provide medical care for the dogs, because just as humans working inface the risk of injury, rescue dogs can get hurt on the job. For instance, the dogs can injure themselves in a fall, or hurt their feet. And this time of year, its fairly hot in Oklahoma, so the dogs are at risk of heat stress. It's important to take care of the dogs so they can perform their duties, Zoran said.

The perfect rescue dog

Search-and-rescue dogs don't come from a single , but they are generally sporting dogs, such as Labradors or German Shepherds. "Toy-obsessed canines make the best search-and-rescue dogs, because a toy serves as the reward when the dogs find a person, Zoran said. (A small percentage of the dogs are motivated by treats instead of toys.) These have to be very driven and athletic dogs, Zoran said. "It's a lot like training a fighter pilot they have to be high-energy, highly motivated, but very trainable," she said.

Typically, the dogs are selected when they're about 6 months old, and training takes 18 to 24 months. "It's a process of trial and error to find out if this is a dog that has the right stuff," Zoran said.

Above all, the dogs are motivated by the love of their work. When the dogs are at rest, they're turned off, Zoran said. "But when you bring them out, you can just see it they are so ready," she said. "This is the greatest job ever, and they get the best reward ever."

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MIAMI (Reuters) - Former England captain David Beckham will visit Miami this week as he steps up his interest in owning a new Major League Soccer (MLS) team.

Beckham, who played for L.A. Galaxy in the MLS, has an option to create a new franchise in the North American league.

While the exact location is still to be decided, he will be in the Florida city to explore possibilities, according to former Miami mayor Manny Diaz.

"Yes, he is coming. My understanding is that it's very exploratory at this stage," said Diaz, who took part in the last time a Miami-based MLS team was under discussion in 2009.

Then, Spanish giants Barcelona, together with Miami-based Bolivian billionaire Marcelo Claure, tried to start a team but the project was called off due to "adverse market conditions".

A supporters group, calling itself MLS Miami Bid, told Reuters that Claure would be one of those meeting Beckham and that the pair planed to watch Miami Heat's NBA playoff game against the Indiana Pacers on Thursday.

Julio Caballero, the organizer of MLS Miami Bid, said they would greet Beckham at the Heat's American Airlines Arena.

Caballero said his organization, which has over 3,000 Facebook members, had been contacted by Claure and was planning a rally to show the Englishman a fan base is already emerging.

Soccer fanatic Claure, who owns Bolivian club Bolivar, was not immediately available and a spokesman for Beckham declined to comment.

Beckham's Galaxy contract contained the franchise option, for a set fee of $25 million, much less than the $100 million Manchester City and the New York Yankees paid for their new team, New York City FC, which will join the league in 2015.

The New York club will become MLS's 20th team and the league is expected to grow further, while having no fixed timetable.

Beckham, 38, announced his retirement from football this month and has long expressed a desire to own a MLS team.

His advisors have been in talks with MLS throughout the past year and the league have confirmed that Miami is one of the cities being looked at.

Atlanta, San Antonio and San Diego are other cities without an MLS club which may appeal to Beckham.

While Miami's status as one of the largest Latin American population centers in the United States makes it an obvious option for MLS, the city has proved to be a tough market.

The Miami Fusion, who played in neighboring Fort Lauderdale, joined MLS in 1998 but were closed by the, then, struggling league after four seasons along with fellow Florida team, the Tampa Bay Mutiny.

Despite past difficulties, MLS commissioner Don Garber has often expressed a wish eventually to return to the American south-east and in the past the league has talked with potential ownership groups in Orlando and Atlanta.

(Reporting By Simon Evans; Additional reporting by David Adams in Miami; Editing by Tony Goodson)

NEW YORK (Reuters) - American actress Amanda Bynes appeared in court on Friday and denied charges of possessing marijuana and tossing a bong out of the window of her 36th-floor Manhattan apartment.

The former Nickelodeon child star, who appeared in court dressed in gray sweatpants, a long-sleeved black shirt and a disheveled platinum blonde wig, was released on her own recognizance after spending a night in jail after her arrest on Thursday.

She was charged with unlawful possession of marijuana, reckless endangerment and attempted tampering with physical evidence, according to court documents. All the alleged offenses are classified as misdemeanors rather than felonies.

Her attorney at the hearing denied the charges and accused police of entering the actress' apartment illegally.

"Clearly a search was made for the bong and nothing was recovered," attorney Andrew Friedman told the court. "My client completely denies ever having thrown anything out the window. She was followed illegally into her apartment for no reason."

The actress, 27, who has had several brushes with the law in the past year and is on probation for driving on a suspended license in California, was ordered to return to court on July 9.

Bynes said, "Thank you, sir," to the judge before leaving court and entering a taxi cab, flanked by paparazzi.

New York police were called to Bynes' 47th Street midtown high-rise building after an employee there reported that someone was smoking marijuana in the building's lobby.

Police said they were then directed to Bynes' apartment, where the actress invited them in.

Officers said they detected a strong smell of marijuana in the apartment and observed the bong - a tube-shaped water pipe commonly used for smoking marijuana - in the apartment.

Bynes then grabbed the bong and threw it out the window and the actress was taken into custody, police said.

Bynes, who had her own TV comedy sketch show on Nickelodeon at the age of 13, has gained a strong Internet following for her recent bizarre behavior and statements on her Twitter social media account.

The actress has not appeared in a film since 2010's "Easy A" and has appeared in court over a slew of driving violations in the past year, including drunk driving, and hit and run.

(Additional reporting by Eric Kelsey in Los Angeles; Editing by David Brunnstrom)

WASHINGTON (Reuters) - Public backlash against deadly overseas drone strikes may undermine promising uses of such technology for anything from disaster response to mail delivery, a top U.S. industry group said as it launched a lobbying effort to "demystify" unmanned planes.

The Aerospace Industries Association wants to prevent misperceptions and regulatory roadblocks from cutting into a market it says could be worth $89 billion over the next decade, according to a report the trade group will release on Thursday.

The report comes as President Barack Obama on Thursday is expected to lay out the rationale for U.S. drone strikes in a major speech on why the strikes are "necessary, legal and just.

"Until public discussion moves beyond misnomers and false assumptions about unmanned system, it will be difficult to advance substantive policy changes that enable growth of this highly beneficial technology," the AIA report said.

U.S. government sources told Reuters on Monday that the Pentagon would take over some drone operations run by the CIA, a move that could increase congressional oversight of such missions.

Separately, Attorney General Eric Holder on Wednesday said four U.S. citizens were killed in drone strikes in Yemen and elsewhere, news that could stoke further controversy.

Responding to mounting backlash, aerospace spokesman Dan Stohr said lawmakers need to be more aware of how unmanned systems could be used for everything from border patrol to weather forecasting and boosting agricultural production, or even locating stranded hikers, and be able to separate fact from "science fiction."

"The notion that we're going to have armed drones in the U.S. national air space is just a total misnomer," Stohr said.

The AIA report, which kicks off a major industry lobbying effort, had been in the works for a month and was not timed to coincide with Obama's speech, Stohr added.

DRONE MAKERS EYE CIVILIAN MARKET

Northrop Grumman Corp, which builds the high-flying Global Hawk spy plane and the Fire Scout unmanned helicopter, Boeing Co, and other drone makers are counting on civil and foreign sales for continued growth in the unmanned plane segment as U.S. defense spending starts to decline.

Dennis Muilenburg, president of Boeing's defense division, which builds the smaller Scan Eagle unmanned system but has also developed a high-altitude drone, told analysts on Wednesday that his company saw unmanned systems as a growth area.

Boeing, Northrop and Lockheed Martin Corp all plan to compete for a U.S. Navy contract to build a new unmanned combat plane that can land on an aircraft carrier - one of few new military aircraft development programs being launched in the current tough budget environment.

The U.S. government flies more than 1 million unmanned flight hours each year and the Pentagon operates more than 7,000 unmanned aircraft, according to the AIA report, which estimated that spending would nearly double to $11.4 billion a year over the next decade.

Privately held General Atomics builds the Predator and armed Reaper unmanned planes used for counterterrorism operations.

Northrop's unmanned X-47B demonstration aircraft last week became the first unmanned plane to be launched off an aircraft carrier. On Wednesday, the company's MQ-4C Triton, the U.S. Navy's version of the Global Hawk, made its first flight in Palmdale, California.

Northrop spokesman Randy Belote said the pair of "firsts" showed the depth and breadth of Northrop's unmanned portfolio. He said military commanders continued to clamor for surveillance and reconnaissance data, which unmanned planes were ideally suited to provide.

The U.S. military's pivot to Asia, with its vast expanses of land and oceans, would only strengthen that demand, even as the U.S. military reduced its use of drones in Iraq and Afghanistan, Belote said.

The AIA report said unmanned planes used for border patrol and other civilian uses faced obstacles to growth, among them inadequate allocation of bands on the electromagnetic spectrum for radio communications and a lack of guidelines for integrating drones into U.S. air space.

Outdated missile control rules also made it difficult to export unmanned planes, the group said.

It also raised concerns about a growing number of states and communities that have passed laws banning or restricting the use of unmanned planes due to privacy concerns.

(Reporting by Andrea Shalal-Esa; Editing by Ros Krasny and Lisa Shumaker)

(Reuters) - An Idaho man who admitted to breaking into a Boise zoo last year and killing a monkey was sentenced to seven years in prison on Thursday, court records show.

Michael Watkins, 22, of Weiser, Idaho, in March pleaded guilty to attempted grand theft, a felony, and misdemeanor animal cruelty stemming from the break-in and beating death of the monkey at Zoo Boise in November.

The primate was one of the zoo's two Patas monkeys, ground-dwelling animals from Africa that stand more than 2 feet tall and weigh about 35 pounds. They are rare in zoos but not endangered in the wild.

The case shook officials at the zoo and triggered an outpouring of sympathy and donations from animal lovers worldwide.

Watkins scaled the security fence at Zoo Boise in the pre-dawn hours of November 17 and attempted to steal the monkey, which bit him, police said. Watkins then kicked and hit the animal, severely wounding it, according to police. The monkey later died of blunt force trauma, zoo officials said.

Zoo Boise Director Steve Burns said on Thursday the sentencing of Watkins closed a particularly devastating chapter for the facility.

"We're moving on," he said. "The court has done its job and we're continuing to do our job."

In the days after the death, zoo staff sought to boost the spirits of the companion-less Patas monkey and considered shipping it to another zoo with primates since they are exceedingly social, Burns said.

Instead, Zoo Boise in December gained two female Patas monkeys donated by the Rosamund Gifford Zoo in Syracuse, New York.

News about the monkey's death brought donations from across the United States and overseas, allowing the zoo to begin construction on Monday of a $250,000 exhibit for the three Patas monkeys, Burns said.

(Editing by Dan Whitcomb and Bill Trott)

Witness Malcolm LaVergne said that defense attorney Yale Galanter's conflict was that he had given Simpson legal advice regarding his plan to confront sports memorabilia dealers at a Las Vegas hotel in 2007 and take back what he believed was his property.

"Mr. Galanter may not have agreed with it, but he enabled him to do it," LaVergne said during a hearing on Simpson's bid for a new trial.

Simpson testified earlier that Galanter told him he was within his rights to take back his property as long as there was no violence and he didn't trespass."I followed what I thought was the law," the 65-year-old former NFL star and actor said Wednesday in his first testimony about the Las Vegas incident.

LaVergne said that had Galanter's involvement been known he would have had to declare a conflict of interest and step out of the case. In addition, he said, Galanter's exorbitant fees meant he was putting his own financial interest ahead of the interest of his client.

"From what I know now, absolutely. There's no doubt about it," LaVergne said under questioning by Simpson lawyer Patricia Palm.

LaVergne took over as Simpson's local counsel for an appeal in 2010, after another Las Vegas lawyer bowed out in a dispute over fees with Galanter, a Miami-based attorney who is scheduled to testify Friday.

LaVergne said he found Galanter wasn't open to any suggestions in the case.

"Yale was going to have it his way," LaVergne testified in the fourth day of hearing before District Judge Linda Marie Bell, who will determine whether Simpson was improperly represented in 2008 and deserves a new trial.

Simpson is serving a sentence of nine to 33 years in prison.

The focus since Monday has been on Galanter's promises, payments and performance while representing Simpson at trial and staying with the case through oral arguments in a 2010 appeal that was rejected by the Nevada Supreme Court.

"Mr. Simpson was very cordial to Mr. Galanter, and Mr. Galanter ran the show," LaVergne said, recalling his first meeting with the two.

LaVergne said Simpson went along with what Galanter wanted. But he said he later found out that Simpson was unaware of any of the legal issues being raised in his appeal and had not seen copies of the briefs submitted on his behalf.

LaVergne said Simpson wanted him and Galanter to split oral arguments before the state high court, but Galanter rejected that.

Palm entered into evidence about seven pages of June 2010 emails between the attorneys about the issue.

LaVergne recalled that at one point in the exchanges, he told Galanter he was being "disrespectful" to him and Simpson. He said when he reported later to Simpson that Galanter made the oral presentation, Simpson was surprised.

Palm asked LaVergne if Galanter ever discussed "a conflict in his representation" with Simpson, and LaVergne said no.

"I was concerned," LaVergne said. "The biggest concern was that Mr. Simpson's appeals were not going well and another set of eyes could look at his case."

After the appeal was denied, Galanter wanted to skip any other possible state appeals and go directly to federal court, witnesses have asserted.

LaVergne said that was when Simpson broke with Galanter.

On Wednesday, Simpson testified that LaVergne and "jailhouse lawyers" were telling him at the time that he was throwing away his last chance to claim ineffective counsel.

Earlier Thursday, there was testimony by a lawyer who has hounded Simpson to collect a multimillion-dollar civil judgment after Simpson's "trial of the century" acquittal in the 1994 stabbing deaths of his ex-wife, Nicole Brown Simpson, and her friend, Ron Goldman.

Attorney David Cook said items taken in the hotel room heist didn't really belong to Simpson.

Cook, testifying for the state, said his client, Ron Goldman's father, still has ownership rights to nine airless "game" football mementos that a California judge ordered returned to Simpson in 2009.

"We have some right to the footballs if they appear on the market," Cook said.

But Simpson testified Wednesday he would never sell what he termed his "stuff." His lawyer Ozzie Fumo, on cross-examination Thursday, made Cook concede that the footballs were returned to Simpson's attorney along with neckties, awards and an autographed photo of Simpson with former FBI Chief J. Edgar Hoover.

Cook has been representing Fred Goldman since 2006 in efforts to collect a share of a $33.5 million judgment awarded in February 1997 to the estates of his son and Nicole Brown Simpson.

H. Leon Simon, attorney for the state, called Cook to the stand to rebut Simpson's testimony that he only wanted to retrieve personal belongings when he and five men confronted the sports collectibles dealers.

Outside court, Cook said the original judgment of $19 million to the Goldman estate, with accumulated interest, is now more than $45 million. He said only some of it has been recovered.

"This is an eternal odyssey," Cook told The Associated Press. "There is no closure here. Fred Goldman rejects closure."

The state on Thursday also called a psychiatrist, Dr. Gregory Brown, to rebut testimony from a psychiatrist, Dr. Norton Roitman, who suggested that Simpson's perception of what happened in the hotel room may have been narrowed by sleeplessness, stress and the effects of several hours drinking alcohol before the confrontation.

Brown said he saw no obvious evidence that Simpson was impaired.

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